E. E. Forbes Piano Co. v. H. C. & W. B. Reynolds
Alabama Court of Appeals
Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Detinue by H. C. & W. B. Reynolds against David Seim an, in which the E. E. Forbes Piano Company was substituted as claimant. Judgment for plaintiffs, and claimant appeals. The facts sufficiently appear in the opinion of the court.
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Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Detinue by H. C. & W. B. Reynolds against David Seim an, in which the E. E. Forbes Piano Company was substituted as claimant. Judgment for plaintiffs, and claimant appeals. The facts sufficiently appear in the opinion of the court. The following charges were refused to the claimant: (1) “I charge you, gentlemen of the jury, that it is your duty to look to all the evidence and circumstances shown by the evidence in reaching the conclusion whether or not the plaintiff had notice of the claimant’s mortgage, and if you believe from…
1Opinion of the Court
de G-RAFFENBIED, J.
This was a suit in detinue, brought by appellees against David Selman for the recovery of a piáno, in which suit the appellant regularly appeared as claimant. Upon issues regularly made be*504tween the appellees and appellant, the case was tried by a jury, and there was a verdict in favor of appellees and a judgment of the court in accordance with the verdict.
It appears from the evidence that David Selman, who was an illiterate man and the owner of but little property, bought the piano on February 1, 1904, from appellant; that he executed his note for the purchase money, which…
2Cases cited3 opinions
- Whitfield v. RiddleSupreme Court of Alabama · 1884
- Teat v. Chapman & Co.Alabama Court of Appeals · 1911
- Mobile Light & Railway Co. v. DavisAlabama Court of Appeals · 1911
3Cited by3 opinions
- Powell v. StateAlabama Court of Appeals · 1912
- Morgan Plan Co. v. Accounts Supervision Co.Alabama Court of Appeals · 1949
- City of Birmingham v. JacksonSupreme Court of Alabama · 1934